Tower v. Detroit & Milwaukee Railroad

7 Mich. 10, 1859 Mich. LEXIS 40

• Court: Michigan Supreme Court
• Decided: July 12, 1859
• Status: Published

Opinion

The Chiee Justice:

We have repeatedly decided that we will not reverse the judgment of the circuit court, oñ a question of fact in :such a case; but ivhether that principle is applicable to this case, should be discussed at the hearing, and not on such a ■motion.

Mr. Gould also offered affidavits, to prove the fact upon 'which his first position was based.

'Ohristiancy, J.:

Have you any authorities that hold you may show such a fact by affidavit, where the record does not dis‘close it ?

'Gould:

The affidavits are offered in aid of the record, which does not show that there was an argument.

We can not consider.a question of this nature on affi’davits. The motion must be denied.